Forensics Journal - Stevenson University 2014 | Page 36

FORENSICS JOURNAL

Hebert used cellular telephone records in several firefighter arson
investigations. The GPS and/or cellular site data from a cellular telephone can be used to determine the location of a firefighter’s cellular
telephone at the time of a fire. If the investigator can establish that
the firefighter had the telephone on his person at the time the fire was
set, the investigator may be able to refute denials by a firefighter who
insists he was not in the area when the fire was set. Cellular telephone
records may also be useful when investigating a group of firefighter
arsonists who are working together to set fires. Cellular telephone toll
records can be used to demonstrate contacts (calls and text messages)
between groups of firefighters just before or after a fire was set.

ences in the fire service. Rapport should be “infused throughout” the
entire interview and not simply treated as a step that can be checked
off once it is initially developed (Anderson).
As previously discussed, Hebert emphasized the importance of developing effective themes. FLETC said that “themes help suspects rationalize, project, and minimize their behavior, which makes it easier for
them to confess” (Anderson). FLETC recommends against judging
or condemning the actions of a suspect and instead, helping them
to justify why a “good person” would make a mistake” (Anderson).
FLETC’s instruction directly mirrors Hebert’s interview theme of the
“hero who made a mistake.” FLETC also encourages interviewers to
“anticipate denials.” By using information gained from investigative
techniques such a GPS records or telephone toll records, investigators
may be in a better position to counter denials.

Hebert used consensual monitoring of telephone calls and meetings
in several firefighter arson investigations. After successfully obtaining a confession from a firefighter arsonist, Hebert was able to have
the cooperating firefighter arsonist record conversations with other
firefighter arsonists (co-conspirators) about past arsons and future
planned crimes (Hebert).

Chief Aurnhammer argued that a fire chief who suspected a firefighter
of setting fires but did “not have specific proof … may be able to confront the suspect with suspicions” (Aurnhammer). Although Aurnhammer does advocate notifying law enforcement “if there is hard
evidence of arson,” the simple act of confronting a firefighter arsonist
without first contacting law enforcement could lead the suspect to
destroy evidence, compromise the investigation, or limit the effectiveness of a law enforcement interview. Fire chiefs who suspect one of
their own firefighters of being an arsonist must balance their role and
duties as fire chief with the needs of law enforcement to conduct a
thorough and complete investigation. Although the fire chief may
have to act before law enforcement has completed their work, the
chief should consult with investigators before taking unilateral action.

INTERVIEW AND INTERROGATION: Hebert described effective
interview and interrogation skills as “the thing that is key to bringing
these cases home” (Hebert). No other investigative technique was
more critical to Hebert’s success in investigating firefighter arsonists
than good interview techniques. Hebert said that most of the
firefighter arsonists he arrested were “not hardened criminals” but
instead were people who entered the fire service “for all the right
reasons” (Hebert).
Hebert believes the two most important interview techniques he used
with firefighter arsonists were 1) developing rapport and 2) creating,
and using effective interview themes. As most firefighter arsonists
were “not hardened criminals,” Hebert often used the interview theme
of a “hero who made a mistake” (Hebert). By treating firefighter
arsonists as decent people versus as criminals, Hebert was able to
obtain confessi